How Mental Health and Addiction Are Handled in Criminal Court

Mental health conditions and addiction often make criminal cases more complicated. Courts across Florida are recognizing that simply punishing someone doesn’t always address the root cause of offending behavior. Over time, both statutes and specialized court programs have evolved to more fairly integrate treatment, diagnosis, and rehabilitation into criminal proceedings. But understanding exactly how mental health and substance abuse issues are handled and what the defendant’s rights are can significantly affect the outcome of a case.

Legal and Court-Based Mechanisms for Handling These Issues

Here are the primary ways Florida’s criminal justice system addresses mental illness and addiction:

Mental Health Courts

Florida has a growing number of mental health courts (as of July 2024, there are 32 adult mental health courts and one juvenile mental health court) designed to divert eligible defendants out of the standard criminal track. These courts are problem-solving courts that emphasize treatment, close monitoring, and ongoing judicial supervision rather than incarceration.

Felony Mental Health Court

For more serious offenses, including felony charges, some circuits (for example, Broward County’s 17th Judicial Circuit) have specially dedicated felony mental health courts. These courts provide treatment plans, outpatient or residential support, medication management, and case oversight. The goal is to restore competency, reduce recidivism, and support community reintegration.

Probation Conditions and Sentencing Alternatives

For defendants with addiction or mild/moderate mental health issues, courts often include special conditions in probation or sentencing, such as mandatory counseling, substance abuse treatment, or mental health evaluations. These conditions are meant to address underlying issues that may have contributed to the criminal behavior.

Competency Evaluations and Restoration

Before trial, if there’s reason to believe a defendant cannot understand the charges, assist with their defense, or appreciate what’s happening due to mental illness, a judge may order a competency evaluation. If found incompetent, there are legal processes for restoration (through treatment and sometimes hospitalization) before proceeding.

Examples from Florida: How It Plays Out in Real Cases

These are some examples of how mental health and addiction affect criminal cases in practice:

• Broward County Felony Mental Health Court: This court accepts defendants charged with felonies who are deemed incompetent to proceed, or who have serious mental illness. They receive individualized treatment plans, which may include medication, housing assistance, therapy, and support services. Over time, many participants are stabilized and can return to court with improved mental health, which can lead to more favorable dispositions.
• Intake via Mental Health Courts in Adult Misdemeanor Cases: In the 17th Judicial Circuit (Broward County), individuals with non-violent misdemeanors or violations of probation may be diverted into mental health court. During the intake process, defendants are evaluated; if symptoms of mental illness are found, they are offered diagnostic and treatment services instead of traditional prosecutions. The goal is to stop the cycle of repeated arrests. 

What Defendants Should Know: Rights, Strategy, and Challenges

Understanding how mental health and addiction are handled is one thing. Knowing what you or someone you represent can do proactively is another. Here are the key points of the strategy and things to watch out for:

• Early Diagnosis Matters: If there is any indication (from family, doctors, or police interaction) that the person has a mental illness or substance abuse issue, raising it early can help. The sooner the court or your attorney knows, the sooner they can seek diversion or mental health court, competency evaluations, or mitigation.
• Documentation Counts: Medical records, psychiatric evaluations, history of treatment, proof of sobriety or attempts to stop using drugs, these all contribute to building a strong case or argument for leniency.
• Addiction Is Rarely a Full Defense: Florida courts do not accept “being addicted” alone as a defense that excuses criminal conduct. Instead, addiction or mental illness is generally used to argue for mitigation, reduced sentence, alternative programs, or accommodation, not to prove innocence.
• Mental Health Courts Are Voluntary: Participation usually requires consent. Courts will generally only admit people who are willing and able to comply with treatment. If someone refuses treatment, they likely cannot stay in mental health court.
• Public Safety Still Matters: Courts balance treatment with public safety. In cases involving violent allegations, victim harm, or serious repeat offenses, courts are less likely to allow diversion or rehabilitation-only responses.
• Probation or Treatment Violations: If someone is placed in mental health court or given probation where mental health or addiction treatment is a condition, failing to comply with those conditions can lead to returning to standard criminal proceedings or revocation of probation. 

Example Case Law / Precedent

• State v. Center for Drug-Free Living (2003): In this case, the court addressed confidentiality of treatment in the context of a client at a drug treatment center. It held that employees cannot be compelled to disclose certain drug-treatment communications unless ordered by the court under the appropriate legal standard. This decision protects sensitive information for individuals seeking help. 
• Williams v. State of Florida: A case involving grand theft where the defendant’s addiction history (use of marijuana daily and other substances on weekends) was considered. The court in sentencing carefully examined whether special probation conditions (including sobriety requirements) were reasonably related to rehabilitation in the particular case. 

Contact a Criminal Defense Attorney Today

Mental illness and addiction are real issues that impact behavior, decision-making, and risk of repeat offenses. Florida’s justice system has made meaningful strides in handling these issues more humanely, through mental health courts, treatment programs, competency evaluations, and sentencing alternatives. But navigating these branches effectively requires good legal representation, solid documentation, and timely action.

If you or someone you care about is facing criminal charges and dealing with a mental health or addiction issue, it’s important to get skilled legal help as soon as possible. Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.